General terms and conditions
§ 1 Scope
For all orders placed via our online store on the website www.heikomennigen.com, the following General Terms and Conditions shall apply in the version available on the Internet at the time of the order. These can be saved by the customer for the purpose of the online order on his computer and / or printed.
The online store is available in English. The most important information is also available in German. The contract language is English.
Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
§ 2 Contractual partner
The sales contract is concluded with
Heiko Mennigen, Sternenburgstraße 84, 53115 Grafschaft, Germany
E-Mail: hi@heikomennigen.com
§ 3 Conclusion of contract
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the button "Purchase" you make a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order. The confirmation of receipt of the order does not constitute acceptance.
We accept your offer within five days, by
we issue a declaration of acceptance in a separate e-mail or
we have the goods delivered or
if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").
The relevant alternative for you depends on which of the listed events occurs first.
§ 4 Cancellation
If you are a consumer, i.e. you make the purchase for a purpose that can predominantly be attributed neither to your commercial nor your independent professional activity, you are generally entitled to a right of cancellation. You can find our cancellation instructions and our sample cancellation form on our page Return Policy →
§ 5 Prices
The delivery of the goods is carried out at the prices in Euro, which are valid on the day the order is placed and which are stated in the online store. The prices stated in the online store are final prices and include the statutory VAT and do not include the respective shipping costs.
You can find an overview of our shipping costs in our Shipping Policy →
For delivery to countries outside the EU, additional taxes, duties or fees may apply. These are not included in the price displayed in the online store and are payable by the customer.
§ 6 Delivery
All products mentioned in the online store are produced especially for the customer (made-to-order). Delivery is made after production by the printing laboratory.
Unless otherwise agreed, delivery is made from stock to the delivery address specified by the customer. We reserve the right to make partial deliveries. If we fulfill the order by partial deliveries, the customer will incur shipping costs only for the first partial delivery.
The delivery time within Germany is approximately 10 working days. Further information about deliveries within Germany and abroad can be found in our Shipping Policy →
A pickup of the order is possible after consultation.
§ 7 Transport damage
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 8 Payment
In our store, the following payment methods are generally available to you:
Credit card:
In the ordering process, you provide your credit card details. Your card will be charged immediately after submitting the order.PayPal:
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.
§ 9 Retention of title
The goods remain our property until full payment.
§ 10 Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
in case of injury to life, body or health,
in case of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
§ 11 Warranty
Unless otherwise expressly agreed below, the statutory warranty law of the Federal Republic of Germany shall apply.
The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
Restrictions vis-à-vis consumers
In the case of the purchase of used goods by consumers, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
§ 12 Copyright
With the purchase of a work from the online store, the customer acquires only the material ownership of the print, calendar or book. No other rights of use are granted. Any duplication, distribution, renting, making available to the public or any other analog or digital utilization is not permitted unless authorized by law.
§ 13 Data protection
All information on data protection can be found in our Privacy Policy →
§ 14 Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 15 Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and shall also apply to deliveries abroad.
Subsidiary agreements to the contract or to these General Terms and Conditions must be in writing to be effective.
The possible invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a corresponding valid provision that comes as close as possible to the intended provision in economic and legal terms.
If the customer is a registered trader, the place of performance and jurisdiction shall be the photographer's place of residence.
These General Terms and Conditions were created with the help of https://legal.trustedshops.com.
Last updated: September 1st 2022